Comparison of Metis Settlements with Other Local Governments
Detailed Description of the Metis Settlements Governance System
Governance Discussion Paper: Metis Settlements of Alberta
Interview with Fred Martin on the Development of the Metis Settlement Governance System
Documents & Presentations
Author/Creator
John Graham
Description
Three papers: detailed description of settlements' governance systems, interview with Fred Martin on development of those systems, and comparison with other local governments.
Canadian Government Lauds Advances in Indigenous Rights
Articles » General
Author/Creator
John Sinclair
Canadian Department of Indian Affairs and Northern Development
Cultural Survival Quarterly, vol. 28, no. 3, The International Decade of the Worlds Indigenous People, Fall, 2004
Description
Presents a review of succcessful negotiations on land claims and self-government agreements, in Canada, to the United Nations Working Group on Indigenous Populations.
Discusses the resource co-management regime of the James Bay Crees in northern Québec, and looks at co-management institutions within the broader context of nation-to-nation treaty negotiations.
Excerpt from Canada: The State of the Federation 2003.
Entire book on one pdf. To access paper scroll to p. 133.
Journal of Canadian Studies, vol. 41, no. 2, Spring, 2007, pp. 65-87
Description
Discusses Nunavut residents' expectations of land claims, the trends of support for the Nunavut Land Claim Agreement, and the structure of support for the agreement.
Canadian Tax Journal, vol. 55, no. 4, 2007, pp. 777-802
Description
Contends that the basis for generating revenues from property relies on one of two sources: section 91(3) of the Constitution Act of 1867, or section 35(1) of the Constitution Act of 1982 and that the scope of power may depend on which source has been used.
Looks at the initiative of government and First Nations to reconcile Crown and Aboriginal titles cooperatively while building a positive relationship and developing a common business perspective.
Canadian Journal of Law and Society, vol. 22, no. 1, 2007, pp. 109-121
Description
Examines the fiduciary obligations between band councils and band members and argues that the current municipal model of band government is inadequate.
Section 67 barred complaints of discrimination against federal and First Nations governments in relation to acts and decisions authorized by the Indian Act. Document supports the repeal in principle, but raises issues with respect to Aboriginal and Treaty Rights and implementation.
Looks at how the collaborative efforts between the British Columbia government, First Nations, environmental groups and the forest companies transformed an era of conflict into a ground-breaking approach to conservation leading to a shift in the way coastal rainforests are managed and the successful integration of Indigenous decision making and community wellbeing.
Discussion based on cases decided under the Optional Protocol to the Convent, on the Human Rights Committee's general comments and consideration of periodic report by States parties. Focuses on Article 1: the right of all peoples to self determination; and Article 27: the protection afforded under the notions of 'culture' and 'minority'.
Agreement signed on 19th February 2005 includes provisions regarding land set aside, land and water management, surface rights, natural resources matters, taxation, dispute resolution etc.
Research Paper (National Centre for First Nations Governance)
Research Paper for the National Centre for First Nations Governance
Documents & Presentations
Author/Creator
Frances Abele
Description
Analysis of the written Act from public administration and political science perspective, without the context of application or important court decisions.
Institute on Governance Roundtable Series, 2004-05
IOG Roundtable Series
Notes on the 3rd TANAGA Roundtable: Environmental Management On-Reserve
Towards a News Aboriginal Governance Agenda - TANAGA
Documents & Presentations
Author/Creator
John Moffat
David Nahwegahbow
Institute on Governance
Institute on Governance Roundtable Series
Description
Summarizes two presentations: one on the project "The Environmental Management Gap on Reserves: Overview and Assessment Options"; the other on how issues can be dealt with in the context of self-government.
Looks at a number of current and critical conflicts associated with Aboriginal rights, treaty rights, and the inherent right to First Nations self-government.
Scroll down to access article.
Research Paper (National Centre for First Nations Governance)
Research Paper for the National Centre for First Nations Governance
Documents & Presentations
Author/Creator
Shin Imai
Description
Focuses on three situations where Chief and Council exercise some authority: allocation of reserve land, law-making powers and elections, and analyzes how the Indian Act allows both too much and too little power in these areas.
American Indian Culture and Research Journal, vol. 28, no. 2, 2004, pp. 1-23
Description
Discusses the tribal reaction to U.S. government termination policies, as somewhat polarized on and off-reservation, and the efforts to take control of their own affairs.
Presents an analytical tool that contains a series of criteria and related questions organized around five good governance principles that are based on work done by the United Nations Development Program (UNDP).
Indigenous Law Journal, vol. 6, no. 1, 2007, pp. 141-178
Description
Research article highlights how Section 35 cases on pre-contact rights and activities challenge the goal of protecting the inherent right to self-government of Aboriginal peoples.
Discusses how federal Indian law has developed in the United States from the arrival of Columbus through to the self-determination era of today, and looks at the future of the Indian tribes.
Wicazo Sa Review, vol. 19, no. 2, Autumn, 2004, pp. 9-23
Description
Describes the impact of colonization on Native American justice systems in the United States and the growing trends toward culturally appropriate justice systems by tribal governments.